§30-405.6 Public Garages or Gasoline Service Stations.

Public garages or gasoline service stations are permitted as a conditional use. Said conditional uses shall be permitted provided the following requirements are met:

a. Minimum Lot Size.

A.minimum-lot area of thirty thousand (30;000) square=feet measured within two hundred (200) feet of the front street right-of-way line.

b. Frontage.

Every lot shall have a minimum street frontage of one hundred fifty (150) feet.

In addition, if the Planning Board finds that the nature of the particular use proposed, either by virtue of scale, intensity of use, hazard, or other such considerations is such that a larger site is in the public interest, then it shall impose such additional requirements.

c. Boundary Restrictions.

The nearest boundary line of the lot or parcel of land to be used must be at least three hundred (300) feet measured in a straight line from any boundary line of property which is used as, or upon which is located:

1. A public or private school or playground.

2. A church or other place of worship.

3. A hospital.

4. A public library, public art museum, civic center, or other public building or structure or similar place of public assembly.

5. A theater or other building or structure used or intended to be used for motion pictures, theatrical, or operatic productions, or for public entertainment.

6. A fire house or fire station.

d. Front Yard.

No pump island shall be closer to the front street side line than thirty-five (35) feet.

e. Coverage.

The building coverage of the lot shall not exceed twenty (20%) percent.

f. Maximum Height.

No building height shall exceed one (1) story.

g. Screening.

All public garages and gasoline service stations shall be screened by a buffer area not less than five (5) feet in width composed of densely planted evergreen shrubbery, solid fencing or a combination of both. Such buffer screen shall have a minimum height of six (6) feet above finished grade. The materials used shall be in keeping with the character of the adjacent area and be maintained and replaced as required.

h. Access.



Entrance and exit driveways shall be limited to two (2) for each one hundred fifty (150) feet of frontage. Such driveways shall not be less than sixteen (16) feet nor more than twenty-four (24) feet in width and at least fifteen (15) feet from any adjoining property and at least thirty (30) feet from the corner of any intersecting public streets.

i. Parking on Lot.

No area on the lot which is required for the movement of vehicles in and about the buildings and facilities shall be used for complying with the parking requirements of this section.

j. Outdoor Display.

Accessory goods for sale may be displayed out-of- doors on the pump island end and the building island only and shall be stored in a suitable rack or container.

k. Prohibited Uses.

1. Retail Sales Prohibited.

A.lot containing a public garage or gasoline service station shall not be devoted to any other uses, except as specifically provided for herein, including but not limited to retail sales and services not involving automobile parts or accessories. This restriction is intended to preclude a convenience store or other multiple use, but shall not preclude incidental retail sales through vending machines subject to the following: vending machines must be designed and used only for the sale of cigarettes, candy, soft drinks, newspapers, or other such merchandise; they shall be coin operated and shall not be beyond three (3) feet of the outside of the principle structure in which the primary activity is carried on; no more than three vending machines shall be outside the principle structure and no more than five (5) vending machines inside the principle structure; the height of the machine and the enclosure in which it is installed shall not be in excess of ten (10) feet and there shall be end walls in the back with the wall extending the full height of the machine; machines shall be substantially the same height as other machines on the property; the widths of the machines are no more than three and one-half (3-1/2) feet and the depths of the machines are no more than three and one-half (3-1/2)feet; all vending machines shall comply with all other requirements of the zone district in which they are located.

2. Exemption for Existing Establishments.

The provisions of this paragraph k. are prospective only and they shall not restrict any public garage or gasoline service station from continuing to provide retail sales and services, limited, however, to the same volume, amount, type, and manner of retail sales and services not involving automobile parts or accessories that the public garage or gasoline service station has provided prior to the effective date of this section.

(Ord. No. 25-2003)

§30-405.7 Residential Professional Offices.

Residential professional offices are permitted as a conditional use. Said conditional uses shall be permitted provided the following requirements are met:

a. Location.

Residential professional offices shall be limited to lots having frontage on one of the following streets: Harrison Avenue, Eagle Rock Avenue, Livingston Avenue, Roseland Avenue, Passaic Avenue, Laurel Avenue and Eisenhower Parkway.

b. Minimum Lot Requirements.

A.residential professional office may only be located on a lot which currently conforms with the requirements of Schedule I, Schedule of Zone Districts, for the district in which it is located. The use of the lot for a home professional office shall not create any new nonconformities.

c. Off-Street Parking.

All required parking, shall he provided on-site. It shall meet the required front yard setback for the zone and shall be set back a minimum of fifteen (15) feet from side and rear property lines. All parking shall be screened from adjacent uses by a year round buffer at least five (5) feet high, which may consist of evergreen vegetation, berms and/or fences.

d. Size of Operation.

The residential professional office shall only be located on the first floor of the principal residence and shall occupy no more than fifty (50%) percent of the first floor or one thousand (1,000) square feet, whichever is the lesser.

e. In addition to the residents of the premises no more than two (2) other persons may be employed by the residential professional office.

f. Appearance.

Use of a residence for a home professional office shall not cause a change in the residential appearance or character of the premise. Signs shall be limited to those allowed in subsection 30-403.17 f, 1.

(Ord. No. 20-1993)

§30-405.8 Standards for Municipal Uses and Board of Education Uses.

a. Municipal Uses.

Municipal uses, other than parks, are permitted under this subsection as a conditional use in all zones provided said conditional use shall meet all of the following requirements:



1. Lot Coverage.

The coverage of the lot by all buildings, structures, sidewalks, parking areas, driveways and other improvements, shall not exceed fifty (50%) percent of the total lot area.

2. Setbacks.

Any building or structure shall conform to the front yard setback requirements for the zone in which it is located.

Any building or structure shall be set back from the side property lines a distance not less than the height of the structure or twenty-five (25) feet, whichever is greater. Any building or structure shall be set back from the rear property line a distance not less than the height of the structure or fifty (50) feet, whichever is greater.

3. Off-Street Parking.

Sufficient off-street parking space shall be provided to insure that the use will not cause parking on a public street during the course of normal activities.

b. Board of Education Uses.

Roseland Board of Education uses are permitted under this subsection as a conditional use in all zones provided said conditional uses shall meet all of the following requirements:

1. Lot Coverage.

The lot coverage by buildings and structures shall not exceed fifteen (15%) percent.

2. Setbacks.

Any building or structure shall conform to the front yard setback requirements for the zone in which it is located. Any building or structure shall be set back from the side or rear property line a distance not less than the height of the structure or twenty-five (25) feet, whichever is greater.

3. Off-Street Parking.

Sufficient off-street parking shall be provided to insure that the use will not cause parking on a public street during the course of normal activities.

(Ord. No. 13-2000; Ord. No. 6-2001 § XVII)

§30-405.9 Age-Restricted Multi-Family Housing.

An age-restricted multi-family housing development is permitted as a conditional use in the RM Zone.

a. Conditional use requirements shall include the following:

1. Minimum Tract Size. A minimum tract size of twelve (12) acres.

2. Access. Direct primary access shall be provided from a local road only.

3. Buffer. A perimeter buffer area no less than forty (40) feet in width shall be provided along all adjoining property lines.

4. Density. The number of dwelling units shall not exceed six (6) units per acre.

5. Number of buildings. The number of units in a building shall not exceed sixteen (16).

6. Common Areas. A plan indicating the ownership and maintenance of the common areas shall be submitted and approved by the Board.

7. Parking. Parking shall comply with the requirements of the Residential Site Improvement Standards.

8. Proximity to Multi-Family Development. The age-restricted multi-family development shall directly abut an R-6 Zone.

b. Additional Standards.

An age-restricted multi-family housing development shall be subject to the following supplemental design and bulk standards:

1. No construction, including the placement of fences, shall occur within the buffer area except for the following, only if specifically approved by the Board.

(a) Drainage improvements.

(b) Underground utilities.

(c) Crossing of access roads and access driveways.

2. No removal of existing vegetation shall occur in the buffer area, unless the removal consists of selective thinning that is necessary for site improvements or supplemented to create a more effective buffer area. The buffer area shall provide screening through landscaping or other means as approved by the Board.

3. A minimum of twenty-five (25%) percent of the site shall be devoted to active and/or passive outdoor recreational use. Such uses may include, but shall not be limited to: landscape areas incorporating sitting areas and walking trails, shuffleboard courts, swimming pools and bocce courts.

4. The underlying bulk regulations set forth in Schedule I, Schedule of Zone Districts, subsection 30-402.2 of the Land Development chapter, shall not apply to an age-restricted multi-family housing. The following bulk requirements shall specifically apply:

(a) Frontage. The lot shall have a minimum street frontage of five hundred (500) feet.

(b) Setbacks. No principal or accessory building shall be permitted closer than sixty (60) feet form the front property line. No principal or accessory building shall be permitted closer than fifty (50) feet from any side property line.

No principal or accessory building shall be permitted closer than fifty (50) feet from the real property line.

(c) No surface parking area, excluding driveways to private garages, shall be permitted closer than twenty (20) feet to a principal building.

(d) Lot Coverage. The coverage of the lot by buildings and structures shall not exceed thirty-five (35%) percent, and the total coverage of the lot by all buildings, structures, sidewalks, parking area, driveways or other improvements, shall not exceed sixty (60%) percent of the total area of the lot.

(e) Building Height. Building height shall not exceed thirty-five (35) feet.

(f) Minimum Distance Between Buildings. The minimum distance between buildings shall be twenty-five (25) feet.

(Ord. No. 7-2005)

§30-406 NONCONFORMING USES AND STRUCTURES.

§30-406.1 Continuance of Nonconforming Uses or Structures.

Any nonconforming use or structure which lawfully existed at the time of the passage of this chapter may be continued and any such existing nonconforming building or structure may be reconstructed or structurally altered provided it shall meet the requirements of this Article.